Do-not-hire list: 100 workers barred from working at Iowa, ISU

Nearly 100 former University of Iowa employees are disqualified from returning to work because of previous firings, but only a handful of ex-workers at the state's two other public universities face similar restrictions, according to records released Tuesday.

Spreadsheets released by the Iowa Board of Regents show that the universities have fewer disqualified former workers than Iowa's executive branch, which last month released a list of 975 people with that status and withheld the names of 500 others. The documents also show that each university has a different way of tracking and excluding fired workers, and those methods are different than the state agencies' procedures.

The University of Northern Iowa says it can identify no former workers who have been disqualified from re-employment since 2005, while Iowa State University named only six terminated employees who are ineligible to return to work.

No former faculty members are subject to employment bans, even those who have been fired or resigned over alleged misconduct, according to the documents released in response to a records request from The Associated Press. Employees who signed resignation agreements in which they promised not to seek re-employment were not included.

The records add new information about the state's practice of barring some former workers, which has created a legal and political headache for Gov. Terry Branstad's administration.

Then-Department of Administrative Services Director Michael Carroll told lawmakers last month that his agency didn't keep a list of disqualified former workers. Days later, his department released a spreadsheet to the AP showing that 975 employees had been disqualified due to firings and resignations dating back to 1990. Democratic lawmakers said they were misled, while union leaders accused the governor of keeping a secret blacklist. Some workers — including a few currently employed by the state — complained that they were erroneously listed.

Attorneys representing three workers filed a proposed class-action lawsuit last month, contending the department didn't have the legal authority to ban the workers for life from the state's 42 executive branch agencies. They argue the practice amounts to an illegal blacklist and violates their constitutional rights to due process since many of them were never notified of their bans and given a chance to appeal.

Seeking to correct mistakes and limit the state's potential liability, the department and the Iowa Attorney General's Office conducted a detailed review of the executive branch data. State officials have sent letters informing some individuals they are no longer ineligible.

Attorney Tom Duff, who is involved in the class-action case, questioned why there were so many fewer individuals disqualified from the universities even though they employ more workers than the executive branch.

"It just shows that there is no uniformity in terms of who gets put on the list and for what reason, which I think is dangerous," he said. "That opens up the possibility that people are put on the list for inappropriate reasons like retaliation for filing claims, asserting their rights under the Iowa Civil Rights Act or getting crossways with someone."

The Democratic-controlled Iowa Senate approved a bill last month that would have required agencies to document why individuals were disqualified, notify them and give them clear appeal rights. But it died in the Republican-controlled House before lawmakers adjourned the session.

The universities have the authority under state code to disqualify job applicants who have "been dismissed from private or public service for a cause that would be detrimental" to the institution. Board of Regents spokeswoman Sheila Koppin said the universities operate separate human resources databases, and therefore had different information that was readily accessible.

The University of Iowa released two separate lists. The first included 62 former employees — including medical assistants at university hospital, custodians and cooks — who were notified that they were disqualified when they reapplied for jobs since 2006. The majority were disqualified indefinitely, while others were told they could reapply if they successfully worked elsewhere for periods ranging from six months to three years.

The second list included 32 employees fired between 2000 and 2009 who were identified as disqualified at that time. Koppin said that their eligibility would be considered on a case-by-case basis if they reapply.